Request for Outdoor Eating Area

Nova Era Bakery, 488-490 Rogers Road

Ward 27, York Humber

 The York Community Council recommends the approval of the application for a permit by the owner of Nova Era Bakery, to establish an outdoor eating area at 488-490 Rogers Road, within the Watt Avenue road allowance, in accordance with the stipulated guidelines.

 The York Community Council reports for the information of Council, having formed a Working Group comprising of the two Councillors for Ward 27, and having requested the Commissioner of Works and Emergency Services, to direct the York Manager, Traffic/Parking, to investigate the following issues and report to the Working Group:

 (1)garbage in the area, and more regular enforcement;

(2)illegal parking of vehicles on the sidewalk impeding pedestrian access;

(3)the implementation of a No Standing regulation on one side of Watt Avenue;

(4)a change in classification from bakery to restaurant and the requirement for higher parking standards;

(5)the proposed installation of bollards at the intersection;

(6)clearing the debris from the property adjacent to the premises; and

(7)communicating with the Toronto Parking Authority to determine the feasibility of constructing parking lots in the Old Weston Road/Rogers Road area.

 The Community Council submits the following report (May 29, 1998) from the York Commissioner of Operations Services:

 Purpose:

 To provide information relevant to an application for the establishment of an outdoor eating area at 488-490 Rogers Road, adjoining the existing premises within the Watt Avenue road allowance.

 Funding Sources, Financial Implications and Impact Statement:

 None required.

 Recommendations:

 It is recommended that:

 (1)the City Clerk give public notice of Nova Era Bakery's application for an outdoor eating area within the Watt Avenue road allowance;

 (2)further notice granting the public opportunity to provide comments on this application at a York Community Council meeting; and

(3)upon hearing public comments, the decision to grant a permit be decided by the Community Council.

 Council Reference/Background History:

 Mr. Helder Costa, owner of Nova Era Bakery, 488-490 Rogers Road, is requesting permission to establish an outdoor eating area adjoining his premises within the Watt Avenue road allowance.

 Comments and/or Discussion and/or Justification:

 The primary guideline for outdoor eating areas located along residential flankages is to provide buffering and screening to minimize any audio or visual impacts that may affect residential properties, whereupon public notice is given with an opportunity for public input, with the decision to grant a permit decided by the Community Council.

 Nova Era Bakery at 488-490 Rogers Road, is located on the north-east corner of Rogers Road and Watt Avenue, within Ward 27, York Humber.

 Mr. Helda Costa, owner, is requesting to establish an outdoor eating area measuring 4.45 metres by 12.05 metres (Appendix I). The owner is proposing to construct a removable wooden structure. The eating area is to be cordoned off with a one metre high wood railing.

 The current established outdoor eating area guidelines are as follows:

 (1)A minimum pedestrian sidewalk clearance of 2.14 metres from face of curb to the perimeter of the eating area.

 The application is in compliance.

 (2)Where an outdoor eating area is located along the flankage of a building, along a residential side street, there must be a sufficient setback from the residential properties and/or screening to the outdoor eating area as not to have an adverse impact.

 This application provides a 1.5 metre high wood lattice screening along the north wall of the outdoor eating area. The closest residential property is located 21.75 metres from the proposed outdoor eating area.

 (3)An outdoor eating area in a commercial-residential zone across the street from a residential zone must provie a buffer from the residential use across the street.

 The zoning immediately adjacent to this application is similar, being mixed use commercial-residential. Buffering therefore, would not be a condition of approval.

 (4)Outdoor eating areas in commercial-residential zones fronting on residential side streets must provi a minimum separation between the perimeter of the outdoor eating area and any residential entrance in the same or an adjoining building.

 This application is for an outdoor eating area along the flankage, separation from any residential entrance, therefore would not be a condition of approval.

 (5)An outdoor eating area must be paved before a licence is issued. Acceptable materials include concrete, granite, brick, wood and lockstone.

 The applicant is proposing a wooden structure, with a cedar or pressure treated deck flooring and therefore in compliance.

 (6)All outdoor eating areas must have perimeter fencing. Further, screens may enclose the sides and the street edge of an outdoor eating area below the fence.

 The applicant is proposing a 1 metre high wooden railing as a perimeter enclosure and therefore in compliance.

 (7)All elements of the outdoor eating area must be readily removable to accommodate the primary functions of the road allowance.

 This application is for a removable wooden structure, with no foundations. The proposed structure is to be constructed on precast concrete pads resting on top of the existing asphalt boulevard, being removable and therefore in compliance.

 Conclusion:

 Both the Building Division and the Health Unit were contacted to provide their respective comments concerning this application and reported the following:

 Building Division:

 The maximum area allowed for an outdoor eating area according to the Zoning By-law No. 1-83, Section 3, Clause 32(b) is 53.65 square metres, representing 50% of the total area devoted to patron use.

 The proposed outdoor eating area measures 53.62 square metres, being therefore in compliance with the zoning regulations.

 Health Unit:

 The Health Unit has no objection to Nova Era Bakery's application for an outdoor eating area located at 488-490 Rogers Road.

 Nova Era Bakery's application meets all of the guidelines for an outdoor eating area within the Watt Avenue road allowance. Therefore, based on Council's policy, public notice be given of Nova Era Bakery's application for an outdoor eating area. Notice granting the public an opportunity to provide comment at a meeting of the York Community Council, upon which the decision to grant a permit be decided by the Community Council.

 The Community Council also submits the following petition signed by approximately 27 residents of Watt Avenue, Kane Avenue and Kersdale Avenue:

 We, the residents of Ward 27, are strongly opposed to the idea of an outdoor eatery for Nova Era Bakery, located at 488-490 Rogers Road, at the corner of Rogers Road and Watt Avenue.

 The following are our concerns regarding this issue:

 1.There is a scrap/automotive repair shop about 100 metres east of Nova Era Bakery. The stench which the former establishment expels carries all the way to the bakery making for an odour undesirable for a bakery, let alone an outdoor eatery.

 2.Along with the stench of the repair shop comes the scampering of rodents and other vermin. I had the unpleasant experience of running into a family of rats huddled between the alley of Nova Era Bakery and its neighbour to the east, a Vietnamese food exporter, on a Sunday afternoon.

 3.Mr. Helder Costa, the proprietor of Nova Era Bakery, blatantly disregards the City of Toronto By-law No. 2890-78, which prohibits the placing of garbage by an establishment on the sidewalk several days prior to pickup. This situation makes walking along Rogers Road a trying experience especially for the elderly and people with disabilities.

 4.Considering the fact that several cars park on the location of the site of the proposed eatery, parking will definitely be a problem. Pictures which span from July 12 to 19, 1998, clearly indicates patrons of Nova Era Bakery literally abandoning their vehicles on the sidewalks, curbs, in front of driveways on both sides of Watt Avenue, and especially at the crosswalk intersecting Old Weston Road and Rogers Road.

 Based on these facts, we have concluded that it is in the best interest of the City of Toronto to revoke Nova Era Bakery's application for an outdoor eatery. We suggest that both the Health Unit and the Traffic/Parking division re-examine this situation on the basis of these four facts.

 As a community, we understand the importance of revitalizing the economy of the area, but it is only futile to think that this is possible by disregarding the filth which engulfs our community.

 The following persons appeared before the Community Council in connection with the foregoing matter:

 -Resident, 9 Watt Avenue;

-Mr. Anthony Pistilli, 61 Kane Avenue;

-Mr. Manuel Santos, 101 Kersdale Avenue;

-Mr. Joe Costa, co-owner of Nova Era Bakery, 488-490 Rogers Road; and

-Mr. Floyd Migory, President, Silverthorn Ratepayers' Association.